This agreement is an official and public offer by the Seller to conclude a contract for the sale of Goods presented on the website www.shop.vmyaten.net. This agreement is public, i.e., in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By entering into this Agreement, the buyer fully accepts the terms and conditions for placing an order, paying for goods, delivering goods, returning goods, liability for unfair orders, and all other terms and conditions of the agreement. The Agreement is considered concluded from the moment the “Confirm Order” button is clicked on the order page in the “Basket” section and the Buyer receives an electronic order confirmation from the Seller.
1. Definition of terms
1.1. Public offer (hereinafter referred to as the “Offer”) – a public proposal by the Seller, addressed to an indefinite circle of persons, to conclude a contract with the Seller for the remote sale of goods (hereinafter referred to as the “Contract”) on the terms contained in this Offer.
1.2. Goods or Services – the subject of the agreement between the parties, which was selected by the buyer on the website of the online store and placed in the shopping cart, or already purchased by the Buyer from the Seller remotely.
1.3. Online store – the Seller's website at www.shop.vmyaten.netстворений for concluding retail and wholesale purchase and sale agreements based on the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.
1.4. Buyer – a legally capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website of the Online Store for purposes not related to entrepreneurial activity, or a legal entity or individual entrepreneur.
1.5. Seller – FOP Novosad Serhii Arkadiiovych (identification code 3091724479), location: 43006, Lutsk, Zaliznychna St., 4
2. Subject of the Agreement
2.1. The Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
2.2. The date of conclusion of the Contract-offer (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Contract shall be the date of completion by the Buyer of the order form located on the website of the online store, provided that the Buyer receives confirmation of the order in electronic form from the Seller. If necessary, at the Buyer's request, the Agreement may be executed in writing.
3. Placing an Order
3.1. The Buyer places an order with the Online Store independently using the “Shopping Cart” form, or by placing an order by email or by calling the phone number listed in the Online Store's contact section.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts as to its validity.
3.3. When placing an order on the online store website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. the Buyer's surname and first name;
3.3.2. the address to which the Goods should be delivered (if delivery is to the Buyer's address);
3.3.3. contact telephone number.
3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, item number, and price of the Goods selected by the Buyer are indicated in the Buyer's shopping cart on the Online Store website.
3.5. If either Party to the contract requires additional information, it has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller shall not be liable for providing quality service to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the Seller's operator (clause 3.1. of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3–3.4. of this Offer.
3.6. The Buyer accepts the terms of this Offer by entering the relevant data in the registration form on the Online Store website or when placing an Order through the operator. After placing an Order through the Operator, the Buyer's data is entered into the Seller's database.
3.7. The Buyer is responsible for the accuracy of the information provided when placing an Order.
3.8. By concluding the Agreement, i.e., accepting the terms of this offer (the proposed terms of purchase of the Goods) by placing an Order, the Buyer confirms the following:
a) The Buyer is fully and completely familiar with and agrees to the terms of this offer;
b) he/she gives permission for the collection, processing, and transfer of personal data; permission for the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the Agreement, the Buyer confirms that he/she has been informed (without additional notification) of the rights established by the Law of Ukraine “On the Protection of Personal Data”, the purposes of data collection, and that his/her personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, conducting mutual settlements, and receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notification to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine “On the Protection of Personal Data” is known and understood by him
4. Price and Delivery of Goods
4.1 Prices for Goods and services are determined by the Seller independently and are indicated on the website of the online store. All prices for Goods and services are indicated on the website in hryvnia, including VAT.
4.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. However, the price of an individual unit of Goods, the cost of which has been paid in full by the Buyer, cannot be changed by the Seller unilaterally.
4.3. The cost of the Goods specified on the website of the Online Store does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods shall be paid by the Buyer in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.
4.4. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivery of the Goods to the Buyer's address.
4.5. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer submits a corresponding request to the Seller by sending an email or when placing an order through the online store operator.
4.6. The Buyer's obligations to pay for the Goods shall be deemed fulfilled from the moment the funds are credited to the Seller's account.
4.7. Settlements between the Seller and the Buyer for the Goods shall be made in the manner specified on the website of the online store in the “Payment and Delivery” section.
4.8. Upon receipt of the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, shelf life).
4.9. Upon receipt of the Goods, the Buyer or their representative shall confirm with their signature on the sales receipt/or in the order/or in the delivery note that they have no complaints about the quantity, appearance, and completeness of the Goods.
4.10. Ownership rights and the risk of accidental loss or damage to the Goods shall pass to the Buyer or its Representative upon receipt of the Goods by the Buyer at the place of delivery of the Goods in the case of independent delivery of the Goods by the Seller, or upon transfer of the Goods by the Seller to the delivery service (carrier) selected by the Buyer.
5. Rights and obligations of the Parties
5.1. The Seller is obliged to:
5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except as provided by law and during the execution of the Buyer's Order.
5.2. The Seller has the right to:
5.2.1 Change the terms of this Agreement, as well as the prices for Goods and services, unilaterally, by posting them on the website of the Online Store. All changes shall take effect from the moment of their publication.
5.3 The Buyer undertakes:
5.3.1 Before concluding the Agreement, to familiarize themselves with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the website of the online store.
5.3.2 In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return goods of good quality to the Seller if the goods do not satisfy him in terms of form, dimensions, style, color, size, or for other reasons cannot be used for their intended purpose. The Buyer has the right to return goods of good quality within 14 (fourteen) days, not counting the day of purchase. Goods of good quality can be returned if they haven't been used and if their appearance, consumer properties, packaging, seals, labels, and the payment document issued to the Buyer for payment for the Goods are preserved. The list of goods that cannot be returned on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The cost of goods of good quality shall be refunded to the Buyer within 3 (three) calendar days from the date of receipt of such Goods by the Seller, subject to compliance with the requirements provided for in clause 6.1. of the Agreement and the current legislation of Ukraine.
6.3. The cost of the goods shall be refunded by bank transfer to the Buyer's account.
6.4. The return of goods of good quality to the Seller's address shall be carried out at the expense of the Buyer and shall not be reimbursed by the Seller to the Buyer.
6.5. If defects in the Goods are discovered during the established warranty period, the Buyer personally, in accordance with the procedure and within the time limits established by the legislation of Ukraine, has the right to make claims to the Seller provided for by the Law of Ukraine “On Protection of Consumer Rights.” When submitting claims for free elimination of defects, the period for their elimination shall be counted from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods.
6.6. Claims provided for by the Law of Ukraine “On Protection of Consumer Rights” shall be considered by the Seller subject to the Buyer providing the documents required by the current legislation of Ukraine. The Seller shall not be liable for defects in the Goods that arose after their transfer to the Buyer as a result of the Buyer's violation of the rules for use or storage of the Goods, actions of third parties, or force majeure.
6.7. The Buyer shall not have the right to refuse goods of proper quality that have individually defined properties if the specified goods can be used exclusively by the Buyer who purchased them (including, at the Buyer's request, non-standard sizes, characteristics, appearance, configuration, etc.). Confirmation that the goods have individually defined properties is the difference in the dimensions of the goods and other characteristics specified in the online store.
6.8. Returns of goods, in cases provided for by law and this Agreement, shall be made to the address specified on the website in the “Contacts” section.
7. Liability
7.1. The Seller shall not be liable for any damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Goods purchased from the Seller.
7.2. The Seller shall not be liable for improper or untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or false information.
7.3. The Seller and the Buyer shall be liable for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer shall be exempt from liability for full or partial failure to fulfill their obligations if the failure is the result of force majeure circumstances such as: war or military actions, earthquake, flood, fire, and other natural disasters that arose independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The party that is unable to fulfill its obligations shall immediately notify the other party thereof.
8. Confidentiality and protection of personal data
8.1. By providing their personal data on the website of the online store during registration or when placing an Order, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as to other actions provided for by the Law of Ukraine “On the Protection of Personal Data,” without limiting the term of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It shall not be considered a violation if the Seller provides information to contractors and third parties acting on the basis of an agreement with the Seller, including for the performance of obligations to the Buyer, as well as in cases where the disclosure of such information is required by the applicable laws of Ukraine.
8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for the poor performance or non-performance of their obligations due to the outdated nature of the information about the Buyer or its inaccuracy.
9. Other conditions
9.1. This agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If the disputed issue cannot be resolved through negotiations, the Buyer and/or the Seller shall have the right to refer the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally, as provided for in clause 5.2.1. of the Agreement. In addition, changes to the Agreement may also be made by mutual agreement of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.
ADDRESS AND DETAILS OF THE SELLER:
FOP Novosad Serhii Arkadiyovych
45135, Volyn region, Rozhyshche district, village of Beresk, Molodizhna Street, building 34
Account number UA693052990000026005040806013 at JSC CB Privatbank
MFO 303440
DRFO 3091724479
Tel. 0670099005
